The provisions of this § 21.5 issued under section 11.2(a) and (d) of The Professional Nursing Law (63 P.S. § 221.2(a) and (d)); amended under section 812 of The Administrative Code of 1929 (71 P.S. § 279.3a); and sections 2.1 and 11.2 of The Professional Nursing Law (63 P.S. § § 212.1 and 221.2).

This section cited in 49 Pa. Code § 21.413 (relating to interpretations regarding the administration of drugsstatement of policy); and 49 Pa. Code § 21.803 (relating to applicability of rules relating to professional nurses).

This section cited in 49 Pa. Code § 21.803 (relating to applicability of rules relating to professional nurses).

Notes of Decisions

Willful Violation

The provisions of 49 Pa. Code § 21.17 (relating to anesthesia) are wilfully violated even though a physician is present at the time the anesthetic is administered if the nurse administers the anesthetic without the physicians direction or awareness. McCarl v. State Board of Nurse Examiners, 396 A.2d 866 (Pa. Cmwlth. 1979).

The provisions of this § 121.22 issued under section 506 of The Administrative Code of 1929 (71 P.S. § 186); and section 1 of The Professional Nursing Law (63 P.S. § 212.1); reserved under section 2.1(k) of The Professional Nursing Law (63 P.S. § 212.1(k)).

The provisions of this § 21.23 issued under section 506 of The Administrative Code of 1929 (71 P.S. § 186); and section 1 of The Professional Nursing Law (63 P.S. § 212.1); amended under section 2.1(k) of The Professional Nursing Law (63 P.S. § 212.1(k)).

The provisions of this § 21.24 issued under section 506 of The Administrative Code of 1929 (71 P.S. § 186); and section 1 of The Professional Nursing Law (63 P.S. § 212.1); amended under section 2.1(k) of The Professional Nursing Law (63 P.S. § 212.1(k)).

The provisions of this § 21.25 issued under section 506 of The Administrative Code of 1929 (71 P.S. § 186); and section 1 of The Professional Nursing Law (63 P.S. § 212.1); amended under section 2.1(k) of The Professional Nursing Law (63 P.S. § 212.1(k)).

The provisions of this § 21.33 amended under sections 2.1(k) and 6.1 of The Professional Nursing Law (63 P.S. § § 212.1(k) and 216.1); and sections 9 and 17.6 of the Practical Nurse Law (63 P.S. § § 659 and 667.6).

The provisions of this § 21.33a adopted under sections 2.1(k) and 6.1 of The Professional Nursing Law (63 P.S. § § 212.1(k) and 216.1); and sections 9 and 17.6 of the Practical Nurse Law (63 P.S. § § 659 and 667.6).

The provisions of this § 21.33b adopted under sections 2.1(k) and 6.1 of The Professional Nursing Law (63 P.S. § § 212.1(k) and 216.1); and sections 9 and 17.6 of the Practical Nurse Law (63 P.S. § § 659 and 667.6).

The provisions of this § 21.34 amended under sections 2.1(k) and 6.1 of The Professional Nursing Law (63 P.S. § § 212.1(k) and 216.1); and sections 9 and 17.6 of the Practical Nurse Law (63 P.S. § § 659 and 667.6).

The provisions of this § 21.132 issued under sections 2.1(k) and 12.1 of The Professional Nursing Law (63 P.S. § § 212.1(k) and 222); amended under sections 2.1(k) and 12.1(a) of The Professional Nursing Law (63 P.S. § § 212.1(k) and 222(a)).

The provisions of this § 21.133 issued under sections 2.1(k) and 12.1 of The Professional Nursing Law (63 P.S. § § 212.1(k) and 222); amended under sections 2.1(k) and 12.1(a) of The Professional Nursing Law (63 P.S. § § 212.1(k) and 222(a)).

The provisions of this § 21.134 issued under sections 2.1(k) and 12.1 of The Professional Nursing Law (63 P.S. § § 212.1(k) and 222); amended under sections 2.1(k) and 12.1(a) of The Professional Nursing Law (63 P.S. § § 212.1(k) and 222(a)).

The provisions of this § 21.144 amended under section 506 of The Administrative Code of 1929 (71 P.S. § 186); and section 8 of the Practical Nurse Law (63 P.S. § 658); reserved under section 17.6 of the Practical Nurse Law (63 P.S. § 667.6).

The provisions of this § 21.145 amended under section 506 of The Administrative Code of 1929 (71 P.S. § 186); sections 8 and 17.6 of the Practical Nurse Law (63 P.S. § § 658 and 667.6); and section 2.1(k) of The Professional Nursing Law (63 P.S. § 212.1(k)).

The provisions of this § 21.147 issued under section 17.6 of the Practical Nurse Law (63 P.S. § 667.6); amended under section 812.1 of The Administrative Code of 1929 (71 P.S. § 279.3a); and sections 13.1 and 17.5 of the Practical Nurse Law (63 P.S. § § 663.1 and 667.5).

The standard of nursing conduct promulgated by these regulations provides a definite warning to a licensee, in addition to the provisions of the law as interpreted by the Board of Nursing, of what may constitute unprofessional conduct by setting forth an ascertainable standard against which conduct can be measured. Stephens v. State Board of Nursing, 657 A.2d 71 (Pa. Cmwlth.), appeal denied, 664 A.2d 978 (Pa. 1995).

Unprofessional Conduct Established

These standards of nursing conduct provide a definite warning to a licensee, in addition to the provisions of the law as interpreted by the State Board of Nursing, of what may constitute unprofessional conduct by setting forth an ascertainable standard against which conduct can be measured. Thus, a licensed practical nurse could be assessed a civil penalty and formally reprimanded based on allowing a nurses aide to ingest patient medication and provoke patients into agitation. Stephens v. State Board of Nursing, 657 A.2d 71 (Pa. Cmwlth.), appeal denied, 664 A.2d 978 (Pa. 1995).

The provisions of this § 21.154 amended under section 506 of The Administrative Code of 1929 (71 P.S. § 186); and section 8 of the Practical Nurse Law (63 P.S. § 658); reserved under section 17.6 of the Practical Nurse Law (63 P.S. § 667.6).

The provisions of this § 21.162 amended under section 506 of The Administrative Code of 1929 (71 P.S. § 186); and section 8 of the Practical Nurse Law (63 P.S. § 658); amended under sections 2.1(k) and 6.1 of The Professional Nursing Law (63 P.S. § § 212.1(k) and 216.1); and sections 9 and 17.6 of the Practical Nurse Law (63 P.S. § § 659 and 667.6).

The provisions of this § 21.162a adopted under sections 2.1(k) and 6.1 of The Professional Nursing Law (63 P.S. § § 212.1(k) and 216.1); and sections 9 and 17.6 of the Practical Nurse Law (63 P.S. § § 659 and 667.6).

The provisions of this § 21.162b adopted under sections 2.1(k) and 6.1 of The Professional Nursing Law (63 P.S. § § 212.1(k) and 216.1); and sections 9 and 17.6 of the Practical Nurse Law (63 P.S. § § 659 and 667.6).

The provisions of this § 21.166 adopted under sections 2.1(k) and 6.1 of The Professional Nursing Law (63 P.S. § § 212.1(k) and 216.1); and sections 9 and 17.6 of the Practical Nurse Law (63 P.S. § § 659 and 667.6).

The provisions of this § 21.253 issued under sections 8.1(c) and 11.2(a) and (d) of The Professional Nursing Law (63 P.S. § § 218.1(c) and 221.2(a) and (d)); amended under sections 11.2 and 17.5 of the Practical Nurse Law (63 P.S. § § 221.2 and 667.5).

The provisions of this § 21.332 issued under sections 2.1(k) and 8.1(c) of The Professional Nursing Law (63 P.S. § § 212.1(k) and 218.1(c)); amended under sections 2.1(k) and 12.1(a) of The Professional Nursing Law (63 P.S. § § 212.1(k) and 222(a)).

The provisions of this Subchapter D issued under section 2(k) of The Professional Nursing Law (63 P.S. § § 212.1(k)); and section 17.6 of the Practical Nurse Law (63 P.S. § 667.6), unless otherwise noted.

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